holddear.app

HoldDear.app

Terms & Conditions

November 11, 2024

1. Introduction and Acceptance

Welcome to HoldDear.app ("we," "our," or "Company"). By accessing or using our website and AI avatar services (the "Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

1.1 Age Restriction

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age.

1.2 Geographic Restrictions

The Service is primarily intended for users in the European Union and United States. Access from other locations may be restricted or unavailable. We make no representations that the Service is appropriate or available for use in other locations.

2. Service Description

2.1 AI Avatar Service

HoldDear.app provides users with access to AI avatars for communication through:

  • Text-based chat interactions

2.2 Nature of AI Interactions

All AI avatars are powered by artificial intelligence and do not represent real persons. Interactions are generated using language models and should not be considered human communication.

2.3 Entertainment Purpose

All Services provided by HoldDear.app are for entertainment purposes only. We emphasize that all Services are provided in digital form only, and the Services shall be considered as fully and finally provided to the User from the moment when the digital content becomes available for the User's use.

2.4 Digital Content and EU Consumer Rights

In accordance with the European Parliament and Council Directive 2011/83/EU on consumer protection, by accepting these Terms, you explicitly acknowledge and agree that:

  • The Service provides immediate access to digital content

  • Upon accessing the digital content, the right of withdrawal period expires

  • Digital content provided cannot be returned or refunded once accessed

  • We are not obligated to provide refunds for Services delivered prior to cancellation, unless specifically stated otherwise in these Terms

2.5 Subscription and Payment Agreement

By subscribing to our Services, you agree to:

  • Pay Service fees at rates and intervals specified on the checkout page of the Website

  • Allow us to store an encrypted payment token for processing recurring subscription payments

2.6 Subscription Options and Automatic Renewal

Subscription periods may vary and will be specified at the time of purchase. Your initial subscription will be based on the plan selected during registration, which will be charged at a promotional price.

Subsequent renewals will be charged at the then-current non-promotional rate. Your subscription will automatically renew for successive periods determined by the Company, which may differ from the initial subscription period. The renewal period and rate will be communicated to you in advance.

Renewal terms include:

  • We will charge your payment method at the start of each subscription period

  • Continued use of paid features reaffirms our authorization to charge you

  • Subscription may not renew if your payment method becomes invalid

  • Renewal charges will reflect the then-current non-promotional rate

2.7 Subscription Rate Changes

Your subscription rate may change upon renewal, including:

  • Expiration of initial promotional pricing
  • Changes in subscription plan duration
  • Modifications to our pricing structure

Renewal will be offered at our then-current rates. Failure to cancel before expiration will result in automatic renewal at the applicable current rate.

2.8 Initial and Recurring Billing

Continued use after the initial subscription period will incur charges at the then-current rate for your chosen subscription period.

3. User Accounts and Registration

3.1 Account Requirements

  • Valid email address is required for registration

  • Users must maintain accurate and current account information

  • Users are responsible for maintaining the confidentiality of their account credentials

3.2 Account Security

Users are responsible for all activities that occur under their account. You must notify us immediately of any unauthorized use of your account.

4. Subscription and Payment Terms

4.1 Subscription

  • Payments processed through Stripe and PayPal

  • Recurring billing based on chosen subscription plan

4.2 Cancellation Policy

Users may cancel their subscription at any time. However:

  • No refunds will be issued for the unused portion of the current billing period

  • Access continues until the end of the current billing period

  • Refunds are only provided in the following exceptional circumstances:

    • Service is unavailable for technical reasons exceeding 24 hours

    • Unauthorized charges are made to user's account

    • Required by applicable law

Unless specified otherwise in these Terms, the Provider is not required to issue refunds for any cancellations of Services that were provided to the User before the cancellation.

5. Privacy and Data Collection

5.1 Data Storage

  • User data is stored in secure servers located in the US and EU

  • Data collection and processing comply with GDPR and applicable privacy laws

5.2 Third-Party Services

We utilize the following third-party service providers:

  • Google Cloud for infrastructure

  • OpenAI for AI services

  • Google Analytics for usage analysis

  • Meta for analytics and marketing

6. Prohibited Content and Conduct

6.1 Prohibited Activities

Users may not:

  • Share illegal, harmful, threatening, or discriminatory content

  • Attempt to bypass system limitations or security measures

  • Use the Service for harassment or abuse

  • Share sexually explicit or pornographic content

  • Engage in commercial solicitation

  • Impersonate others or create misleading accounts

  • Attempt to reverse engineer the Service

  • Share or allow others to access their account

  • Share, distribute, or publicly post any content generated by AI avatars, including messages and images

  • Use the Service to analyze, copy, or replicate our business model or technology

  • Create or attempt to create a competing service based on observations or usage of our platform

6.2 Account Sharing and Content Distribution

  • Accounts are for individual use only

  • Sharing account credentials is strictly prohibited

  • All AI-generated content is confidential and proprietary

  • Distribution of AI avatar messages or images is prohibited

6.3 Commercial Protection

Users agree not to use the Service for competitive analysis. Users acknowledge that attempting to copy or replicate our business model constitutes a violation of these Terms.

In case of business model replication or competitive misuse, users agree that:

  • Company has the right to seek compensation for damages

  • Company may pursue legal action to protect its interests

  • Users will be liable for actual and consequential damages

  • Users will bear all legal costs associated with such violations

7. Intellectual Property Rights

7.1 AI-Generated Content

  • Users retain privacy rights to their conversations

  • Company retains all rights to AI models and systems

  • AI-generated content may be used to improve the Service

  • Users grant limited license to use their inputs for service improvement

7.2 Interaction Limitations

  • Maximum message length may be restricted

  • Rate limiting may be applied to prevent abuse

  • Certain topics or requests may be automatically filtered

8. Support Services

8.1 Customer Support

  • Primary contact: support@holddear.app

  • Response time: Within 7 working days

  • Emergency requests: Mark subject as "EMERGENCY REQUEST"

8.2 Issue Resolution Process

  • Submit support request via email

  • Receive acknowledgment within 24 hours

  • Issue investigation and resolution within stated response time

  • Appeal process available for unsatisfactory resolutions

9. Security Measures

9.1 Data Protection

  • Industry-standard encryption for data in transit and at rest

  • Regular security audits and vulnerability assessments

  • Automated threat detection and prevention systems

10. Termination

10.1 Termination by Company

We reserve the right to:

  • Suspend or terminate accounts for Terms violations

  • Modify or discontinue the Service with reasonable notice

  • Block access from certain locations or devices

10.2 Effect of Termination

  • Loss of access to Service and content

  • No refund of any prepaid fees

  • Surviving provisions remain in effect

11. Limitation of Liability

11.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

11.2 Liability Cap

Our liability shall be limited to the amount paid by you for the Service in the previous 12 months.

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Lithuania. Any disputes shall be subject to the exclusive jurisdiction of the courts of Lithuania.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Users will be notified of significant changes via email. Continued use of the Service constitutes acceptance of modified Terms.

14. Contact Information

For any questions regarding these Terms: